United States v. Gallegos

PER CURIAM: *

Pursuant to a written plea agreement, Victor Hugo Gallegos (“Gallegos”) pleaded guilty to possession with intent to distribute a quantity in excess of five kilograms of cocaine. He was sentenced to 145 months of imprisonment and to a five-year term of supervised release.

Gallegos argues for the first time on appeal that the provisions found at 21 U.S.C. § 841(a) and (b) are facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the statute’s structure treats drug types and quantities as sentencing factors. As…